Financial support and entitlements that may be available when a family member loses their life at work.
When you are grieving, it is difficult to think about what you need to do, especially in relation to organising your finances. We will help outline some of the important matters you may need to deal with.
You may find that it is difficult to work out any financial matters until you have received your family member's death certificate. The release of a death certificate may take several weeks, though it is possible to request an interim death certificate from the Coroners Court.
It may be helpful for you to make an appointment for financial counselling to help you plan ahead. There are several organisations that provide financial counselling (some free of charge).
Your family member may have had one or more life insurance policies. It is worthwhile checking with your loved one's superannuation fund about this.
Check if your family member made a will. If unsure, your family lawyer or the State Trustee may hold the original copy of the will or be able to provide you with advice if a will hasn't been prepared.
In emergency circumstances, regular bills can sometimes be suspended for a period of time, including mortgage, car loan, direct debit bills and credit cards payments.
We recommend getting in touch with your financial institutions or credit service providers to see if this can be arranged.
If you're in a difficult financial position, you may wish to contact Services Australia (Centrelink). They can let you know if you are entitled to any financial assistance. For more information, please contact the Family Assistance office on 136 150 or their multilingual phone service on 131 202.
If eligible, WorkSafe is able to pay reasonable costs for:
If you’re not eligible and have concerns about your ability to pay for the funeral, please contact WorkSafe's Advisory service on 1800 136 089 for help to explore other options.
Lump sum payments may be made to dependents of a worker who has lost their life as a result of a work-related injury or illness. A dependency claim must be completed and lodged with the deceased worker's employer.
Lump sum payments are set at $660,970* to be shared between all eligible dependants.
Dependants are able to recover damages of up to $1,120,960* under the Wrongs Act. Any paid WorkSafe entitlements are deducted from damages obtained under the Wrongs Act.
Partners
In addition to the lump sum payment, a dependent partner may receive a weekly pension for three years from the date of the worker's death:
Pension calculation for the first 13 weeks after the date of death
Pension amount is 95 per cent of the worker's pre-injury average weekly earnings (PIAWE) to a maximum of $2,590** a week; this amount is equally shared between partners if there is more than one dependent partner.
Pension calculation from 14 weeks to three years
Pension amount is 50 per cent of the worker's PIAWE, to a maximum combined amount of $2,590** a week; this amount is equally shared between partners if there is more than one dependent partner.
Children
In addition to the lump sum, dependent children may also receive a weekly pension from 14 weeks after the date of death until the child turns 16 years of age. After a child turns 16, the pension will continue to age 25 if the child is a full-time student, a full-time apprentice or living with a disability (meeting the threshold outlined in the Disability Act 2006).
Pension calculation for less than five children
Each child is paid 5 per cent of the worker's PIAWE, to a maximum combined amount of $2,590** a week.
Pension calculation for more than five children
Each child is paid an equal share of 25 per cent of the worker's PIAWE, to a maximum combined amount of $2,590** a week.
Orphan children
Where the only surviving dependants are orphan children, in addition to the lump sum, they can receive a weekly pension at the amounts equivalent to those for a dependent partner, from the date of the worker’s death until the orphan child turns 16 years of age. After the orphan child turns 16, the pension will continue to age 25 if the orphan child is a full time student, a full time apprentice or living with a disability (meeting the threshold outlined in the Disability Act 2006) up to a maximum combined amount of $2,590** per week.
Note: Pension calculation methods shown may change depending on individual circumstances.
Lump sum payments may be made to other dependants (such as parents or sibling) of a worker who has lost their life as a result of a work-related injury or illness and leaves no dependent partner or children. A dependency claim must be completed and lodged with the deceased worker's employer.
Lump sum payment is up to $660,970* and is determined by the Magistrates Court. No weekly pension is paid.
Where a deceased worker leaves no dependants, reimbursements up to $39,430* may be shared amongst non-dependant family members who have experienced financial hardship due to incurred expenses related to the death. No weekly pension is paid.
* Amounts are indexed annually; those provided apply to deaths that occur on or after 1 July 2022.
** Amounts are indexed annually; those provided apply to claims made on or after 5 April 2010 and to payments from 1 July 2022.
Note: for prior amounts, please contact the WorkSafe agent or call WorkSafe's Advisory service.
Your family member may have had personal insurance or other entitlements that are payable after their death.
Some payments can be paid to the person they nominated (without the need for a will) while others may need to be paid into their estate; the estate will then be managed by:
Your family member may have one or more super funds. You should get in touch with the fund sooner rather than later to ensure you can receive any available benefits.
If you are unaware of the fund, you can contact your family member's employer, Union or the Australian Tax Office (ATO) to help find out the name and contact details of the super fund. We encourage you to have a support person with you when making these calls.
Your family member may also have had contributions paid by a past employer into other superannuation funds and lost contact with them.
You can check this by contacting the Australian Taxation Office Lost Members Register.
Your family member may have unpaid annual leave, long service leave or portable long service (for industries such building and construction, contract cleaning, security and community services).
These entitlements are often paid to the estate of the person that has passed away. If you are unaware of any employment entitlements, you can contact your family member's employer or union or:
WorkSafe's advisory service is available between 7:30am and 6:30pm Monday to Friday. If you need more support, you can also contact WorkSafe using the Translating and Interpreting Service (TIS National) or the National Relay Service.
Support services you can use any time you need extra support including food parcels, housing help, financial aid, mental wellness, specialty health assistance and counselling.
